LOCAL RULES OF CIVIL PRACTICE

CHANCERY AND CIRCUIT COURTS OF TENNESSEEELEVENTH JUDICIAL DISTRICT OF TENNESSEEHAMILTON COUNTY, TENNESSEE

return to Table of ContentsRULE 1. EFFECTIVE DATE AND CITATION OF RULES
1.01 Effective Date - These Rules shall take effect on September 1, 2001.

1.02 Adoption of Civil Rules - These rules shall be the Local Rules of the Chancery and Circuit Courts for the Eleventh Judicial District of the State of Tennessee, and, except as readopted herein, all former rules of local civil practice in the Chancery and Circuit Courts are rescinded.

1.03 Rules Suspension - The Court holds the discretion to suspend any of these rules.

1.04 Citation - These Local Rules of Civil Practice may be cited as LRCP.
return to Table of ContentsRULE 2. DEFINITIONS2.01 As used herein, the following terms shall have the
following meanings:
(a) "Court" shall mean the Chancery and Circuit
Courts of the Eleventh Judicial District of the State of
Tennessee.
(b) "Clerk" shall mean the Clerk and Master of the
Chancery Court and the Clerk of the Circuit Court.
(c) "Judge" shall mean either the Chancellor of
Chancery Court or the Judge of the Circuit Court.
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RULE 3. PLEADINGS AND OTHER PAPERS

3.01 Cost Bonds
(a) Cost Bonds are required for a surety of a party filing a
pleading seeking affirmative relief.
(b) Cost Bonds shall not be placed on the summons. Cost Bonds
shall be filed either by attaching a cost bond to
the pleading requiring a cost bond or filing a separate paper
entitled Cost Bond.
(c) The Cost Bond shall be in the following form and executed
by a surety.

COST BOND

I hereby acknowledge and bind myself for the prosecution of this action and payment of all non-discretionary costs in this Court, which may at any time be adjudged against the plaintiff/petitioner in the event the plaintiff/petitioner shall not pay them.

(d) Surety on a bond for costs shall not be released from the obligation as surety until there is provision for a substitute surety.

3.02 Civil Cover Sheet- -A completed Civil Case Cover Sheet, on a form available from
the Clerk, shall accompany every pleading seeking
affirmative relief. The filing of an answer or other initial
responsive pleading by a defendant shall be accompanied
by a Civil Case Cover Sheet with the statistical information
completed in parts VI and VIII. Civil Case Cover
Sheets are required solely for administrative purposes, and
matters appearing only on the cover sheet have no legal
effect in the action.

3.03 Paper Pleadings and other papers filed with the Court shall be on letter size (8 ½ by 11) paper.

3.04 Counsel Identity - Pleadings and other papers shall bear the typed or printed name, Board of Professional Responsibility number
(BPR No.), address, facsimile telephone number (if available)
and telephone number of the filing attorney.

3.05 Extraordinary Relief - Complaints for writs of certiorari, writs of attachment, restraining orders or other extraordinary relief shall be
first filed with the Clerk and shall be verified or accompanied by
sworn affidavit setting forth the facts justifying the
relief sought.

3.06 Original Signatures - Papers to be filed or lodged that require the signature of a party, the party's counsel, or other individual or entity shall contain the original signature.

3.07 Ex Parte Approvals - Petitions for the approval of workers' compensation claims, minors' claims, name changes and other similar
matters must be filed with the Clerk before being presented to
the Judge for approval.

4.01 Service
(a) After suit is commenced, all papers required to be served
on a party must contain a certificate of service,
which must recite the date of service and the name and address
of each person served.
(b) In ex parte matters, copies of motions and other
papers are to be mailed to interested parties. Certificates
of
Service must reflect those to whom copies are sent.

4.02 Court Record
- All papers, including pleadings, motions, briefs, and proposed
judgments and orders shall be filed or lodged with
the Clerk as required in these rules. Papers should not be
mailed to or left with the Judge.

4.03 Facsimile Copies
- Facsimile transmittal papers or pleadings may be filed or
lodged when permitted by the Tennessee Rules of Civil
Procedure or the Tennessee Supreme Court Rules.

4.04 Forms
- Various forms are required for filing or lodging by these
rules. Parties and their attorneys may use the actual
forms provided by the Clerk or forms that contain all the
information required by the Clerk's form and comply
with the format of the Clerk's form.

4.05 Court Files
- All files and records of the court shall at all times be under
the custody and control of the Clerk. Files may not be
withdrawn without permission of the Clerk and the Judge.
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RULE 5. ORDERS AND COSTS

5.01 Preparation
(a) In every case or motion disposed of by an oral ruling of
the Court, the Order or Judgment is to be drawn by
counsel for the prevailing party unless otherwise ordered.
(b) Unless the Court allows a greater time, the Order or
Judgment is to be prepared and forwarded to adversary
counsel within five (5) days of the hearing or trial. Ex
parte orders are to be lodged with the Clerk within five
(5) days of the hearing. Except for agreed orders signed by
all counsel or pro se parties, orders shall not be
lodged granting or denying any relief prior to the Court
passing on the issue.
(c) The Court prepares orders on Chancery Court Motions
setting cases for trial. Counsel prepares orders on
Motions setting Circuit Court cases for trial and all other
Orders on Chancery and Circuit Court Motions.
(d) Failure of counsel to prepare and lodge Orders with the
Court within fourteen (14) days of the announcement
of an agreement or the ruling of the Court may result in
dismissal of all Motions or Petitions seeking the relief
ordered by the Court

5.02 Approval

5.03 Proposed orders
(a) Unless waived by the Court, all orders proposed to be
entered shall be submitted to all parties or their counsel
for approval. It is incumbent upon counsel to promptly review
a proposed order, and approve same, or to
notify adversary of specific objections. Counsel are to
approve the order if it accurately reflects the ruling of.(a)
Unless waived by the Court, no proposed order may be lodged with
the Clerk until it has been submitted to all
other parties or their counsel and they have refused to
approve it or they have failed to respond within a
reasonable period of time. For the purposes of this Rule,
eight (8) business days after mailing shall be a
reasonable period of time. Orders lodged under this rule shall
bear the word "PROPOSED" at the top of the
Order.
(b) Adverse parties having legitimate objections to the
proposed order shall file objections to the proposed order
setting out a specific objection within five (5) business days
after lodging of the proposed order.
(c) Nine (9) business days after the lodging of the proposed
order under this rule, the Clerk shall deliver to the
Judge all proposed orders with exceptions or objections for
action.

5.04 Taxing of Costs
(a) All final orders shall provide for the assessment of court
costs.
(b) Orders for payment of costs shall be rendered jointly
against the party and the party's sureties, if any.

6.01 Discovery Not Filed - No discovery material shall be filed with the Clerk except as
otherwise provided in these or other applicable Rules.
When a new party is added to the lawsuit subsequent to
commencement of the suit, copies of existing discovery
shall be given to that party upon request at the cost of the
added party.

6.02 Interrogatories - Written interrogatories and sub-questions shall not exceed
twenty-five (25) in number without the express
permission of the Court.
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RULE 7. MOTIONS

7.01 Authority
- All motions shall be in writing and cite the authority for the
relief sought, whether by rule, statute or otherwise.
Motions not citing proper authority or citing only Rule 7.02
of the Tennessee Rules of Civil Procedure shall be
stricken.

7.02 Call
(a) In Circuit Court motions filed by 4:00 p.m. on Thursday
will be heard the second following Monday. Motions
may be heard at other times only with the consent of the
Judge.
(b) In Chancery Court motions will be called at the
Court's first regularly scheduled motion day occurring
five (5) business days after the filing of the motion. Motions may
be heard at other times only with the consent of
the Judge.

7.03 Circuit Court Motions
- Motions in Circuit Court will be called every Monday other
than holidays, commencing in Division I at 9:00 a.m.

7.04 Chancery Court Motions
- Motions in Chancery Court, Part 1, will be called at 8:00 a.m.
on the first (1 st ) and third (3 rd ) Mondays of each
month. Motions in Chancery Court, Part 2, will be called at
8:00 a.m. on the second (2 nd ) and fourth (4 th ) Mondays
of each month. When a motion Monday falls on a holiday,
motions will be heard on the next business day.

7.05 Motion Exhibits
- The underlying document(s) that are the subject of the motion
shall be an exhibit(s) to the motion.

7.06 Response to Motions
- Responses to Motions are allowed but not mandatory except that
responses are required to Motions citing Rules
12, 26 through 37 and 56 of the Tennessee Rules of Civil
Procedure. Failure to file a response by 4:00 p.m. two (2)
business days preceding the date the motion is to be called
will result in the granting of the motion.

7.07 Brief Requirement
- A memorandum of law shall accompany every motion or response
which may require the resolution of an issue of
law. Any motion, response, brief or memorandum of law that
makes reference to a transcript or deposition shall
make reference, and attach, the relevant page(s) of the
transcript involved.

7.08 Dispositive Motions
- Motions for Summary Judgment, for Judgment on the Pleadings or
for Dismissal must be filed at least 60 days
before trial and replies must be filed at least 30 days before
trial. Oral argument of dispositive motions is waived
unless requested by a party or the Court. Only the relevant
portions of the discovery materials used to support the
motion shall be filed.

7.09 Failure to Appear; Late Appearance
Unless otherwise excused, failure to appear shall result in a
Motion being stricken or adjudicated as the Court
orders. Counsel shall notify the Judge's office prior to
the time of the hearing of a late arrival for a Motion or
attendance in another Court.

7.10 Priorities
Motions requiring oral testimony will be heard after motions
not requiring such evidence. Non-jury matters may
be heard on Motion Day, but motions in any Court take priority
over non-jury matters
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RULE 8. CASE MANAGEMENT

8.01 Case Assignment and Reassignment - All cases in Circuit Court are assigned sequentially by
Division. Cases in Chancery Court are assigned
sequentially by Part, except as provided in LRCP 15.01. Any
case previously filed and dismissed and then refiled
will be assigned to the same Part or Division to which the
case had been assigned previously.

8.02 Conferences and Uncontested Matters
- Conferences, default hearings and other uncontested matters
shall be set by appointment with the Judge's office.

8.03 Trial Docket
- Unless otherwise ordered, trials and other contested
evidentiary matters normally will be assigned for hearing at
9:30 a.m. in Chancery Court and 9:00 a.m. in Circuit Court.
Attorneys and parties shall be prompt for all sessions.
Cases set for trial by Order are subject to dismissal upon the
failure of plaintiff to appear or entry of judgment
upon failure of defendant to appear unless an Order
continuing, settling, or dismissing the matter has been filed
prior to the morning of trial.

8.04 Setting of Cases
- Cases in Division II of Circuit Court will be set on the
second Wednesday of the month in the months of April,
July and November. Cases in Divisions I, III and IV of Circuit
Court and Parts 1 and 2 of Chancery Court will be
set by motion, agreed order or action of the Court.

8.05 Dismissal of Dormant Cases
- All cases where no action has been taken may be dismissed by
the Court at the expiration of two hundred and
seventy (270) days from the from the date of the last action
taken. Thirty (30) days prior to a dismissal, the Clerk
or Judge shall notify counsel or post a Procedural Steps List
containing the name and docket number of each case
to be dismissed. The Procedural Steps List shall be
prominently posted in the Clerk's office and on the web
site
(http://www.hamiltontn.gov/courts).

8.06 Dismissal Orders
- The Clerk shall mail copies of each order dismissing a case
for want of prosecution to counsel of record and
unrepresented parties, whose address can be ascertained from
information in the file.

8.07 Certifying Cases Ready When Set
- When a case is set by agreement or when a case is set by
motion without objection to having it set, all counsel are
certifying they are available for trial and that the case is
in all respects ready for trial.

8.08 Trial Preparation Deadline
- When a party objects to having a case set because trial
preparation is not complete, the Court may issue a
scheduling order which will establish deadlines for completing
trial preparation and set a trial date.

8.09 Cases Not Reached
In the event a case ready for trial on the day assigned is not
reached on that day, the case will be reset for trial on
the first available trial date.

8.10 Withdrawing Attorneys
- Once counsel has made a general appearance, counsel may not
withdraw except for good cause, by motion and
order of Court. Counsel who are surety for costs remain surety
despite withdrawal until a successor surety is
obtained or the plaintiff posts a $500 cash bond or corporate
surety bond unless the plaintiff is permitted to
proceed under a pauper's oath.
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RULE 9. TRIAL

9.01 Record of Proceedings
- It is the responsibility of litigants to arrange for court
reporters to record the proceedings of the Court.

9.02 Pretrial Schedule
(a) At least ten (10) days prior to trial, each party shall
file and serve by facsimile or by hand: 1) a Witness List;
2) an Exhibit List identifying all exhibits to be used at
trial ; and 3) a Trial Brief where there are contested
issues of law. Within five (5) days of the receipt of an
Exhibit List, the recipient of the Exhibit List shall by
fax or hand serve any objections to authenticity of any
exhibit or such objection shall be deemed waived. All
other objections shall state each specific ground for
objection and shall be served and filed at least five (5)
days before trial. The Witness List shall include the names,
addresses, and phone numbers (if known) of all
witnesses expected to be called. Witnesses and exhibits not
identified in compliance with this rule shall not
be utilized at trial.
(b) A Trial Brief shall be a concise statement of the issues
and law supported by appropriate citations. If a
citation is to a decision not fully reported in Southwest
Reporter, Tennessee Decisions, a copy of the entire
text of the decision shall be attached to the brief.
(c) If the parties anticipate the use of more than a total of
fifty (50) trial exhibits, the parties are to meet prior to
trial and premark all trial exhibits in sequential order
without designation as to plaintiff or defendant. If there
is a dispute as to admissibility, the exhibit shall be marked
for identification only. Otherwise, the exhibit is
deemed admitted. A list of the marked exhibits shall be filed
not later than the morning of trial.

9.03 Exhibit Control
- All trial exhibits shall be accounted for and placed in the
custody of the court reporter unless otherwise directed by
the Court.

9.04 Exhibit Disposal
- After final determination of any case, the parties shall have
forty-five (45) days after the entry of the final
judgment to withdraw exhibits and depositions if no appeal is
filed. The court reporter or Clerk may destroy or
dispose of exhibits and depositions not withdrawn from their
possession.

9.05 Jury Trials
(a) When a jury is demanded pursuant to Rule 38 of the
Tennessee Rules of Civil Procedure, the words "JURY
DEMAND" shall be typewritten in capital letters in the
caption of the case above the space for the case
number on the document demanding a jury and on all subsequent
documents filed in the case.
(b) In each case appealed to Circuit Court from the General
Sessions Court wherein a jury is desired, a written
demand shall be filed with the Circuit Clerk, with notice to
all parties, within ten (10) days after the papers
from the General Sessions Court are filed with the Circuit
Clerk.
(c) Not less than twenty (20) days before trial, the parties
shall submit to the Court in writing any contested issues
of law to be addressed by the Jury or the Court together with
citations of authority and/or briefs. This Rule
shall not preclude the parties from filing jury requests
concerning contested issues arising during the trial.
(d) Not less than ten (10) days before trial the party first
demanding a jury shall file a proposed jury charge on
the issues to be determined by the jury not addressed by the
Tennessee Pattern Instructions and proposed jury
verdict forms, and the other parties shall, not less than five
(5) days before trial, file any proposed changes,
additions, or deletions to said proposals.

9.06 Settlement
- If a case is set for trial and the parties reach a settlement,
the parties shall give immediate notice of the settlement
to the Court. In the event that notice is not given, economic
sanctions may be imposed.

9.07 Decorum
(a) Attire. Counsel, litigants, witnesses, court reporters,
and court officers shall not dress in a manner which
detracts from proper decorum in the court.
(b) Bar Space. The space within the bar in the courtroom is
reserved for attorneys, legal assistants and for litigants
actually engaged in trial. All other persons will be seated
outside the bar unless the Court gives consent to the
contrary.
(c) Bench Conferences. Bench conferences should be requested
only when absolutely necessary in aid of a fair
trial. The conferences shall be conducted in a professional
manner.
(d) Counsel, Litigator and Spectator Conduct. When Court is in
session, all persons present shall be seated at all
times except when addressing the Court and shall not talk,
laugh, or otherwise make any noise. All cell
phones and beepers must be turned off.
(e) Forbidden Conduct. Counsel and witnesses are prohibited
from using curse or swear words even when
quoting others. When quoting others, counsel and witnesses
shall omit any offensive word and state only the
first letter of the word. The Court's permission must
first be obtained before any deviation from this rule.
(f) Juror Contact. No attorney, party, witness, or any other
person interested in a case being tried, shall engage in
any conversation with any juror until such juror's service
for the term has ended.

9.08 Continuances
- Cases may be continued only by leave of the Court by written
order. Failure to complete discovery or to prepare
for trial shall not be adequate grounds for a continuance.
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RULE 10. DOMESTIC RELATIONS

10.01 Attorney Fees
- Factors to be considered by the Court in awarding attorney
fees shall include the attorney's contract with the
client,
the financial resources of the respective parties, good faith
efforts by the respective parties to resolve the case
consistent with existing law, all other factors set forth in
Disciplinary Rule 2_106 of the Code of Professional
Responsibility [Tenn. Sup. Ct. R. 8.] and any other
appropriate authority.

10.02 Financial Statement
(a) In all domestic relations cases where support is an issue,
both parties shall file and serve on adversary or
adversary counsel at least ten (10) days before trial, on a
form provided by the Clerk, a sworn statement as to
all income being received as of the time said form is
executed. An affiant shall compile and file a sworn
statement as to expenses only if: i) alimony is sought, or
resisted; ii) a deviation from child support guidelines
is sought; or iii) it is contended the income statement is not
representative of future income. Upon the failure
of a party to file an income statement where child support or
alimony is an issue, the other party shall file a
sworn good faith estimate of the income of the defaulting
party.
(b) In all divorce cases, both parties shall prepare, file,
and serve on adversary or adversary counsel at least ten
(10) days before trial financial statements setting out a list
of all assets, date acquired, purchase price,
encumbrance, if any, and the present market value, and a list
of all liabilities, date incurred, total amount
owed, and amount of monthly payments thereon. The list of
assets and liabilities shall be inclusive of assets
and liabilities of the parties jointly and severally, and
specify whether acquired before or during the marriage,
and shall be verified under oath. The parties shall also file
not less than ten (10) days before trial a proposed
division of marital property, if such is in dispute, which
listing shall include any dispute as to separate
property, jointly executed agreed stipulations and proposed
division of property and liabilities.
(c) All sworn income and expense statements and financial
statements required by this section must include the
Social Security Number or Taxpayer Identification Number of
the party filing the document.
(d) Failure to file the required statements as provided herein
shall result in the case being dismissed or passed or
default judgment entered against the non-complying party or
other appropriate sanctions in the Court's
discretion.

10.03 Pendente Lite Hearing
(a) Child Support. Pendente lite hearings for child
support will be heard only on motion accompanied by a sworn
good faith estimate of the income of the non-custodial party;
if the non-custodial party contests the amount
alleged, he or she is to file and have delivered to
plaintiff's counsel a sworn income statement within five
(5)
business days after receipt of the motion from the custodial
party.
(b) Alimony. Pendente lite hearings for alimony will be
heard only on motion accompanied by a sworn income
and expense statement filed by the movant. The non-moving
party contesting alimony is to file within five (5)
business days after receipt of the motion a sworn income and
expense statement.

10.04 Default Divorce Setting; Failure to Appear
- When the defendant fails to answer within the time required by
law, a motion for default and to set shall be filed.
A default judgment specifying the date and time for the
hearing must be entered at least ten (10) days before the
hearing. Any uncontested divorce passed for good cause must be
passed to a day certain by order with at least ten
(10) days notice to the other party. Failure of the plaintiff
or plaintiff's counsel to appear, ready for trial, will
result
in the case being passed or dismissed, in the discretion of
the Court.

10.05 Waiting Period for Divorce
- Agreed upon divorces upon fault or stipulation may be set at
any time agreed to by the Court more than thirty (30)
days after service of process, and the proposed Final Order of
Divorce must be signed by both parties unless a
Marital Dissolution Agreement or Property Settlement Agreement
executed by both parties is submitted.
<
BR>10.06 Divorce Education and Parenting/Mediation
- Counsel shall comply with all statutes regarding parenting
plans, education, and mediation. Both parents shall
attend a parent education seminar of at least four hours
duration and file a certificate of attendance within sixty
(60) days of the filing of the complaint.
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RULE 11. FUNDS

11.01 Funds Paid Into Court
(a) No litigant funds shall be paid into Court without the
Court's order pursuant to T.C.A. §18-5-106. Funds
paid
into court are not invested for the benefit of the litigants
unless the Court so directs.
(b) All such orders shall contain the full legal name,
address, Social Security Number, or Taxpayer Identification
Number, if any, of each person or entity whose funds are to be
invested. In Orders pertaining to minors, the
date of birth and the date the minor becomes eighteen (18)
years of age shall be stated in the order directing
investments.
(c) It is the duty of the attorney or litigant seeking
investment of funds to specifically call to the attention of
the
Clerk that the funds are to be invested.
11.02 Funds Paid Out of Court
Persons receiving funds paid out of court by the Clerk must
furnish their Social Security Number or Taxpayer
Identification Number before funds will be released.
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RULE 12. MASTERS

12.01 Reference to Master; Counsel Duty
- At the time a case is set for trial, it shall be the duty of
counsel to inform the Court of any issues which may be the
proper subject of a reference to a Master (Examples:
accounting, damages, validity and priority of liens, etc.).

12.02 Notice To Take Proof
- Following the entry of an Order of Reference, the Master will
notify all parties involved of a hearing date to take
proof on the matter referred. The Master, if necessary, may
schedule a meeting with counsel in order to determine
the procedure on the reference.

12.03 Continuances
- Hearings may not be continued by agreement and may be
continued only by leave of the Master. Hearings will not
be continued except for good cause which shall be brought to
the attention of the Master as soon as practicable
before the hearing date. Requests for continuances may be made
by telephone conference call by all interested
parties.

12.04 Witness Absence
- Absence of a witness will not be grounds for a continuance
unless the witness has been subpoenaed in accordance
with the requirements of these rules and Tennessee Rules of
Civil Procedure.

12.05 Evidence Exchange
- Not later than ten (10) days prior to the hearing, parties
shall exchange exhibits upon which they wish to rely at the
hearing.

12.06 Court Reporter or Stipulation
- The parties shall either
i) stipulate in writing prior to the
hearing that the Master's findings of fact shall be final,
or
ii) employ a court reporter to attend the hearing and prepare
a transcript of the preceding which transcript shall be
filed with the Clerk for preparation of the Master's
Report and filing pursuant to Rule 53.04(1) of the Tennessee
Rules of Civil Procedure. The Master for good cause may waive
the requirement for the preparation and filing of
the transcript prior to preparation of the Master's
Report.

12.07 Master's Report Objections
(a) Application to the Court for action upon a Master's
Report or upon objections thereto shall be made by
motion within ten (10) days of the service of the
Master's Report.
(b) Except in matters stipulated pursuant to 12.06 LRCP,
objections shall be supported by a transcript of
proceedings before the Master and shall state specifically the
grounds for the objections by specific references
to the transcript.
(c) If no motion for action upon a Master's Report is
made within the prescribed period, the Master's Report
shall
become final, and the Court without further action of the
parties may enter an order of confirmation.
(d) Orders prepared by counsel, which confirm a Master's
Report, shall be in proper form, embodying the
recommended findings or awards in the report, such that the
order shall stand-alone without necessary
reference to the report.
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RULE 13. ADOPTIONS

13.01 Adoption Surrenders
(a) Surrenders are normally scheduled as are ex parte
matters.
(b) In cases pending in Chancery Court all surrender documents
are to be reviewed by the Clerk's office prior to
the time surrender is to take place before the Court.
(c) Counsel are to inform the Court's secretary if there
is more than one child to be surrendered, or if
circumstances exist which will require a more lengthy hearing
than usual.
(d) There shall be a separate surrender for each child.

13.02 Petitions for Adoptions
- A separate verified petition must be filed for each adoptive
child. Separate docket numbers will be assigned to
each petition, and there shall be a separate final Order in
each case. Service of petition and summons or notice of
hearing shall be served on the Respondent by an authorized
officer in cases filed in Chancery Court. The response
from the Putative Father Registry will be filed with the
Clerk.

13.03 Adoptions - Waivers
- The law allows the Court to waive certain steps, procedures
and time requirements under appropriate
circumstances. Counsel or parties are not to assume that the
Court will waive requirements or times in every
instance. One seeking a waiver is to state in the motion or
proposed order the statutory section allowing the same
and why the circumstances justify the waiver, reduction or
elimination of a procedure or provision of the law
otherwise applicable.

13.04 Adoptions - Final Hearings - Minors
(a) In a non-related or non-stepparent adoption, the Court is
unlikely to approve a reduction in the six month
waiting period after filing the petition unless the child has
lived in the home for more than one year and there
are compelling reasons. T.C.A. § 36-1-119(a).
(b) In an adoption where the child is related to the
petitioners, or the adoption is by a stepparent, the Court
will normally waive or shorten the six month waiting period
after filing if the child has lived in the home for
more than one year.
(c) In no event is a final hearing to be scheduled less than
ten (10) days after the petition is filed.
(d) The child and the parents shall appear before the Court
for the final hearing unless specifically excused by the
Court. Appropriate dress is required.

13.05 Terminations
- Lawsuits to terminate parental rights shall be handled before
the adoption is set. Parents whose rights are subject to
termination may be eligible for an appointed attorney. Counsel
shall advise the Court if either natural parent is
incarcerated.

13.06 Final Report on Adoption
- The final court report in response to the Court's Order
of Reference is to bring the status of the prospective
adoptive home and the child up to date immediately prior to
finalization of the adoption. (T.C.A. §35-1-102(18)) It
is to be filed with the Clerk at least three (3) days prior to
the final hearing.
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RULE 14. GIFTS AND GRATUITIES

14.01 Court Officers and Deputy Sheriffs
- No attorney or party shall offer, nor shall any court officer
or deputy sheriff accept, any money or other thing of
value for the execution or service of any process issuing from
this Court.

14.02 Court Personnel
- No attorney, litigant, bank, title insurance company, or any
other person regularly doing business in or with the
office of the Clerk shall offer, nor shall any Clerk Personnel
receive, any gifts, money or other thing of value
except the fees, taxes and costs authorized by statute, rule,
or order.

15.01 Case Assignment
- All matters pertaining to Guardians, Conservators, Mental
Health Appointments and Adoptions, when filed in
Chancery Court, are assigned to Part 1. All probate and
lawsuits involving the construction of a trust are assigned
to Part 2 of the Chancery Court.
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RULE 16. ADMINISTRATIVE REVIEW

16.01 Brief Required
- Briefs must be lodged in all cases heard by the Court upon the
record from an administrative tribunal or agency. If
the petitioner fails to lodge a brief within the time provided
by this rule, the action may be dismissed and the
administrative action affirmed. If the defendant has not
lodged a brief within the time provided in this rule, the
Court may decide the case on the record and the
petitioner's brief.

16.02 Brief Lodging & Service
- Petitioner shall lodge and serve a brief within twenty (20)
days after the record is filed. Defendant must lodge and
serve a brief within fifteen (15) days after lodging of the
petitioner's brief. Upon application the Court may
enlarge
the time for lodging briefs.

16.03 Oral Argument
(a) Hearings for oral argument may be scheduled by motion or
agreement of counsel and approval of the Court.
(b) Thirty (30) days after the filing of the record with the
clerk, the petitioner shall file, or any party may file, a
Motion asking the Court to set the mater for
determination.
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RULE 17. GUARDIANSHIP AND CONSERVATORSHIP

17.01 Petitions
- A separate petition must be filed for each respondent.
Separate docket numbers will be assigned to each petition
and there shall be a separate Final Order in each case.

17.02 Conservatorships
- The petition shall be verified and shall contain the
information required by statute and these Rules. Petitioner
shall
list the names and addresses of all persons to whom notice is
required. Notice shall be given by the Clerk. Service
of process shall be provided by an authorized officer. A
verified statement for a physician or psychologist in
accordance with T.C.A. §34-13-105 shall be filed, if
available, with the Petition. If not then available, the
certificate must be filed before or at the hearing.

17.03 Guardianships
- The petition shall be verified and shall contain the
information required by statute and these Rules. Notice shall
be
provided to all interested persons, and service upon the
respondent shall be in accordance with law.

17.04 Guardian & Conservator Orders Submitted with
Petition
- Orders appointing or waiving a guardian ad litem,
setting a hearing date and providing for the duties of the
guardian ad litem shall be submitted with each petition
for conservatorship or guardianship. Examples of such
orders may be obtained from the Clerk's office.

17.05 Guardian ad litem(a) The Court will appoint a licensed attorney as the Guardian
ad litem upon the filing of a petition to appoint a
conservator or guardian; provided, however, the Court may
waive the appointment of a Guardian ad litem if
good cause is shown
(b) The Court may appoint a Guardian ad litem in
matters involving the sale, improvement, or mortgage of any
real property in which a minor or other person under
disability has an interest; in matters involving the sale or
disposition of ward's personal property; in matters
involving possible impropriety by a fiduciary; in matters
concerning unauthorized encroachments or questionable
management of a ward's assets under guardianships
or conservatorships; in any matter the Court believes to be in
the best interest of a minor, incompetent,
absentee or interested party or to further the administration
of justice.
(c) The Guardian ad litem shall conduct an inquiry and
file a report with the Court at least three (3) days prior to
the hearing. The report shall contain the information required
by statute and these Rules and such additional
information the Court may require or the Guardian ad
litem deems necessary. Reports are to be brief and to
the point unless the complexities of the case require greater
detail.

17.06 Orders Appointing Guardian/Conservator
- All orders appointing guardian or conservator shall contain
the information required by appropriate statute and
these Rules. The order shall provide the ward's full
name, date of birth and Social Security number. The order
shall also provide that an inventory within sixty (60) days
and asn annual accounting are required or waived with a
requirement for an annual report. Forms that provide for most
of the requirements can be obtained from the
Clerk's office but must be modified to meet the facts of
each individual case. Orders appointing a representative
shall adjudge the Clerk's cost.

17.07 Subsequent Orders
(a) Unless other matters are pending, orders approving
accounting, sale of real estate or similar matters shall
contain provision that this matter is hereby closed pending
further proceedings and a provision relating to the
Clerk's cost.
(b) If an annual accounting is not required, an Annual Report
shall be required each year and the Clerk will send
notice of this Annual Report being due. The Annual Report
shall contain information as to the condition and
location of the ward as well as other information as may be
requested by the Clerk, such as who the caregiver
is and if they are related to the ward.
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RULE 18. PROBATE

18.01 Probate Hours
- The daily session of the Probate Division of Part 2 shall be
from 9:00 to 10:00 A.M. All other times shall be by
appointment only.

18.02 Attorneys
- No one except an attorney licensed to practice law in
Tennessee shall be permitted to represent an estate in
matters
coming before the Court, except affiants in "Small
Estates" as defined by law.

18.03 Pleadings & Orders
(a) The Clerk shall prepare: orders confirming reports of the
Master on accountings and settlements; orders
authorizing initial the issuance of letters; orders of
reference to the Master for all exceptions to claims,
year's
support, homestead, exempt property and elective share; and
other orders as directed by the Chancellor.
(b) All other orders and decrees shall be prepared by
attorneys of record and approved by them before being
submitted to the Court. Pleading forms furnished by the Clerk
shall be used, except counsel may prepare
pleadings identical in content and format to those furnished
by the Clerk.

18.04 Interested Parties
(a) Interested parties include a spouse, beneficiary, legatee,
devisee, creditor, fiduciary, heirs and income and
remainder beneficiaries of a trust.
(b) Notice and service of process is not required for an
interested party who joins in a petition as a petitioner or
who files a sworn waiver or consent.

18.05 Petitions
(a) A verified petition to probate a will, codicil, other
testamentary instrument or to administer an intestate estate
shall set forth such information as is required by statute and
these rules including the names, addresses,
relationships of all legatees and devisees under the
testamentary instruments and the names of the surviving
spouse and next of kin.
(b) Notice of petitions for elective share, year's
support, homestead and exempt property shall be given to the
personal representative of the estate, attorneys of record and
all interested parties (including creditors if the
estate may be insolvent). If the personal representative is
the surviving spouse, an administrator ad litem shall
be appointed.

18.06 Common Form Probate
Petitions for probate in common form may be heard either by
the Court or by the Clerk. Petitioner should give
notice to all interested parties prior to the hearing of the
petition.

18.07 Solemn Form Probate
- Petitions for probate in solemn form shall be heard by the
Court, after service of process notice required by statute
at a time and date set by the Court.

18.08 Holographic Wills
- In holographic will proceedings the testimony of two witnesses
concerning the handwriting of the decedent shall
be taken in person, except for good cause one such witness may
give an affidavit or deposition. Testimony as to
testamentary intent shall be in person.

18.09 Small Estates
- Estates coming within the provisions of the Small Estates Act
may be heard by the Clerk or the Court. Bond shall
be required in all small estates.

18.10 Claims
- Verified claims must be filed with the Clerk in triplicate
with any required supporting documents as provided by
statute. The Clerk may decline to file claims until the claim
fee required by statute is paid.

18.11 Master to Act
(a) Unless otherwise ordered by the Court, the Clerk &
Master is empowered to hear without a specific order of
reference the following matters:
(1) applications for letters testamentary and of
administration;
(2) adjudicate probate claims and exceptions thereto;
(3) determine year's allowance to surviving spouse and
minor children;
(4) preside over assignment of homestead;
(5) determine elective share of surviving spouse; and
(6) take and state all accounts and settlements.
(b) The Clerk & Master shall file a written report of
findings and actions on the above matters.
(c) Rule 53 of the Tennessee Rules of Civil Procedure and Rule
12 of these rules shall govern the procedures for
master's hearings and exceptions to, or confirmations of
Master's Reports
18.12 Inventories and Accountings
(a) Inventories and accountings may be waived (I) if the Will
so provides, or (ii) if all of the residuary
beneficiaries or legatees file with the Clerk waivers excusing
the personal representative from the
requirement. If a residuary beneficiary is under a disability
or the estate is insolvent, a final accounting cannot
be waived. A Sworn Statement in Lieu of Final Accounting is
required even if accountings are waived.
(b) Sworn Statements in Lieu of Final Accounting shall comply
with all the requirements of the statutes and shall
state the gross taxable value of the estate. Approval of
personal representative fees and attorney fees may be
included in the Sworn Statement.
(c) Notice of the filing and taking of an accounting must be
as provided by law.
(d) The final accounting shall bear a certificate of the
personal representative that the estate has been distributed
in accordance with the instrument admitted to probate, or,
in intestate cases, in accordance with the laws of
descent and distribution.
(e) Upon failure to file accountings within the time required
by law, the Court may revoke letters issued to a
personal representative and appoint the Public Administrator
or a successor personal representative.
(f) If an estate is not closed within two (2) years from the
date of qualification of the personal representative,
additional time to file accountings will be granted only by
motion and notice to interested parties.

18.13 Summary Removal and Sanctions
- Failure to comply with statutory requirements or orders of the
Court shall constitute grounds for summary removal
of the personal representative. In addition, the Court may
impose sanctions such as forfeiture of earned fees and
taxation of fees and costs against the defaulting party.
18.14 Fees & Expenses
(a) Court approval of legal fees and expenses is required in
all circumstances unless: (I) they are approved in
writing by all interested parties (or their legal guardian),
and (ii) they do not exceed the percentages of the
estate value set out in one of the following schedules as such
are presumed reasonable in the absence of
objection:
Gross Estate Schedule 1 Schedule 2 Schedule 3
1st 20,000 5% 2.5% 1.25%
next 80,000 4% 2.0% 1.0%
next 150,000 3% 1.5% 0.75%
next 500,000 2% 1.0% 0.5%
over 750,000 1% 0.5% 0.25%
(b) Legal Fees & Expenses:
(1) apply Schedule 1 if the personal representative is not
regularly engaged in the business of
administering estates, or
(2) apply Schedule 2 if the personal representative is
regularly engaged in the business of administering
estates.
(c) Personal Representative Fees & Expenses:
(1) apply Schedule 1 if the personal representative is
regularly engaged in the business of administering
estates, or
(2) apply Schedule 3 if the personal representative is not
regularly engaged in the business of administering estates.
(d) If fees and expenses have not been properly approved as
required by this rule, or if objections are filed by
motion, the Clerk shall, on reference, determine a reasonable
fee and report such to the Court.
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RULE 19. REAL PROPERTY SALE

19.01 Property Description
- Complaints seeking a sale by partition, general lienor's
suits and all other actions to sell real property shall set
forth the complete legal description and the street name and
number of the property.

19.02 Sale of Property Orders
- Unless otherwise specifically directed by the Court, all
orders for the sale of property shall:
(a) state that the sale will be held on the western steps of
the Hamilton County Courthouse by public outcry to the
highest bidder for cash, and
(b) include the following information:
(1) map-parcel-group number;
(2) street address and, if none available, a statement that no
street address is available and designate the
nearest intersection of public streets or roads; and
(3) complete legal description of the property.

19.03 Advertising
- The Clerk, in advertising the sale of real property, shall set
out the street address, if available, as well as the
description as set forth in LRCP 18.02(b) above.